NRS 587.380 License
to inspect or classify agricultural products; regulations; compensation of
licensees; suspension and revocation of licenses. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

NRS 587.380 License
to inspect or classify agricultural products; regulations; compensation of
licensees; suspension and revocation of licenses. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]

NRS 587.382 Payment
of child support: Statement by applicant for license; grounds for denial of
license; duty of State Quarantine Officer. [Effective until the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]

NRS 587.384 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

NRS 587.386 Application
for license to include social security number of applicant. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]

NRS 587.388 Application
for renewal of license to inspect or classify agricultural products required to
include information relating to state business registration; renewal of license
prohibited in certain circumstances.

NRS 587.390 Official
standards for grading and classifying agricultural products and farm product
containers: Adoption by State Quarantine Officer; changes.

NRS 587.395 Renewal
of license to inspect or classify agricultural products: Requirements; duties
of State Quarantine Officer; grounds for denial of renewal. [Replaced in
revision by NRS 587.388.]

NRS 587.400 Notice
of effective date of standard or of alterations or modifications; dissemination
of information concerning standards.

NRS 587.410 Adoption
of federal standards; cooperation with United States.

NRS 587.420 Appeals
to State Quarantine Officer from findings of inspectors; fees.

NRS 587.695 Requirements
for production of acidified food by craft food operation.

NRS 587.696 Registration
to produce acidified foods: Requirements and qualifications; period of
validity; renewal; provision of updates and information by Department to
registrants; inspections; fees.

NRS 587.697 Payment
of child support: Statement by applicant for registration; grounds for denial
of registration; duty of Department. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

NRS 587.698 Suspension
of registration for failure to pay child support or comply with certain
subpoenas or warrants; reinstatement of registration. [Effective until the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

NRS 587.871 Payment
of child support: Statement by applicant for license; grounds for denial of
license; duty of Department. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

NRS 587.873 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

NRS 587.875 Application
for renewal of license required to include information relating to state
business registration; renewal of license prohibited in certain circumstances.

NRS 587.877 Submission
of quarterly report and payment of fee required of licensee; exemption from
fee; maintenance of records; confidentiality.

NRS 587.015Definitions.As
used in NRS 587.015 to 587.123,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 587.017 to 587.073,
inclusive, have the meanings ascribed to them in those sections.

NRS 587.017“Advertisement” defined.“Advertisement”
means all representations, other than those on the label, disseminated in any
manner or by any means, relating to seed within the scope of NRS 587.015 to 587.123,
inclusive.

NRS 587.019“Agricultural seeds” defined.“Agricultural
seeds” includes the seeds of grass, forage, cereal and fiber crops and any
other kinds of seeds commonly recognized within this state as agricultural
seeds, lawn seeds and mixtures of those seeds, and may include any other kind
of seeds if the Director determines that the seed is being used as agricultural
seed.

NRS 587.021“Certified seed” defined.“Certified
seed” means seed that has been produced and labeled in accordance with the
procedures and in compliance with the requirements of an officially recognized
certifying agency and includes the breeders, foundation, registered and
certified seed classes.

1. An agency authorized under the laws of
a state, territory or possession of the United States officially to certify
seed; or

2. An agency of a foreign country
determined by the United States Secretary of Agriculture to adhere to procedure
and standards for seed certification comparable to those adhered to generally
by seed-certifying agencies under subsection 1.

NRS 587.031“Flower seeds” defined.“Flower
seeds” includes seeds of herbaceous plants grown for their blooms, ornamental
foliage or other ornamental parts, and commonly known and sold under the name
of flower seeds in this state.

NRS 587.033“Grower’s or tree seedsman’s declaration” defined.“Grower’s or tree seedsman’s declaration” is a
statement signed by the grower or tree seedsman giving, for a lot of seed, the
lot number, the kind and variety, species and subspecies for tree and shrub
seed, origin and weight.

NRS 587.039“Labeling” defined.“Labeling”
includes all labels and other written, printed or graphic representations, in
any form whatever, accompanying or pertaining to any seed, whether in bulk or
in containers, and includes representations on invoices.

NRS 587.041“Lot” defined.“Lot”
means a definite quantity of seed identified by a lot number or other mark,
every portion or bag of which is uniform within recognized tolerances for the
factors which appear in the labeling.

NRS 587.043“Origin” defined.“Origin”
for an indigenous stand of trees is the area on which the trees are growing;
for a nonindigenous stand, it is the place from which the seeds or plants were
originally introduced.

NRS 587.051“Record” defined.“Record”
includes all information relating to the shipment or shipments involved and
includes a file sample of each lot of seed. For tree and shrub seed the record
also includes all documents supporting the statement of origin of the seed.

NRS 587.069“Variety” defined.“Variety”
means a subdivision of a kind characterized by growth, yield, plant, fruit,
seed or other characteristics, by which it can be differentiated from other
plants of the same kind.

NRS 587.071“Vegetable seeds” defined.“Vegetable
seeds” includes the seeds of those crops which are grown in gardens or on truck
farms and are generally known and sold under the name of seeds of vegetables or
herbs in this state.

NRS 587.077Official seed-certifying agency for State; standards governing
certification; fees.The
Department is designated as the official seed-certifying agency for the State
of Nevada. The Director shall, by rules or regulations, adopt and enforce
standards governing the certification of seed as to variety, purity, quality or
other matters relating thereto, and shall establish a schedule of fees for that
certification.

NRS 587.079Service grain grading; schedule of fees.The Director may do service grain grading,
including testing for dockage and moisture, and may establish a schedule of
fees for that grading and testing.

1. Sample, inspect, make analysis of and
test seeds subject to NRS 587.015 to 587.123, inclusive, that are transported, sold,
offered or exposed for sale within the State for sowing purposes, at such time
and place and to such extent as may be necessary to determine whether the seeds
are in compliance with NRS 587.015 to 587.123, inclusive.

2. Notify promptly the person who
transported, sold, offered or exposed the seed for sale of any violation.

(a) Governing the terms and methods used in
sampling, inspecting, analyzing, testing and examining seeds subject to NRS 587.015 to 587.123,
inclusive, and the tolerances to be used.

(b) Establishing a list of prohibited and
restricted noxious weeds and prescribing the maximum rate of occurrence per pound
of seeds of restricted noxious weeds which may be associated with any seeds. A
noxious weed may be prohibited if it is highly destructive and difficult to
control in this state by ordinary good cultural or chemical practice and
restricted if it is objectionable or injurious in fields, lawns and gardens of
this state, but may be controlled by good cultural or chemical practices.

(c) Establishing minimum standards of germination
for seeds of vegetables, herbs and flowers.

(d) Defining the terms to be used in labeling
seeds.

(e) Establishing a list of the species of trees
and shrubs subject to the labeling requirements set forth in subsection 7 of NRS 587.105.

(f) Establishing the duration of the validity of
testing to determine the percentage of germination of seeds subject to the
requirements for labeling as set forth in NRS 587.091
to 587.105, inclusive, before the sale, offering
for sale or transporting of those seeds.

(g) For the labeling of seeds of flowers in
respect to kind and variety or the characteristics of type and performance as
required by NRS 587.101 and 587.103.

(h) Establishing a list of the kinds of seeds of
flowers which are subject to the labeling requirements of NRS 587.101 and 587.103.

2. The Director may adopt such other
regulations as are necessary to carry out the provisions of NRS 587.015 to 587.123,
inclusive.

NRS 587.085Entry of premises or conveyance for examination of seeds,
screenings or records; issuance of stop-sale order.The
Director or the Director’s authorized representatives may:

1. Enter upon or within any public or
private premises or upon or into any truck or other conveyance by land, water
or air at any time to examine seeds, screenings or records which are subject to
the provisions of NRS 587.015 to 587.123, inclusive, or rules and regulations adopted
pursuant thereto.

2. Issue and enforce a written or printed
stop-sale order against the owner or custodian of any seed or screenings which
are found to be in violation of any of the provisions of NRS
587.015 to 587.123, inclusive, or the rules and
regulations adopted pursuant thereto.

1. A stop-sale order issued pursuant to
subsection 2 of NRS 587.085 may prohibit the sale,
processing or movement of the seed or screenings until evidence is submitted or
obtained that the violation has been corrected and a release from the stop-sale
order is issued.

2. Whenever tree seed, shrub seed or
screenings are subject to a stop-sale order, the Director or the Director’s
representative shall notify the shipper or consignor that the order is in
effect. Upon the shipper’s or consignor’s request, the Director may permit the
return of the seed to the shipper or may permit the seed to be transferred to a
mutually acceptable storage area pending its further disposition as provided by
law.

3. Any person aggrieved by a stop-sale
order may, within 60 days after the order issues, appeal from the order to the
district court in the county in which the seeds, subject to the order, are
located.

NRS 587.089Cooperation with United States Department of Agriculture and
other agencies.The Director shall
cooperate with the United States Department of Agriculture and other
appropriate agencies in seed law enforcement.

1. Each container of seeds of agricultural
crops, flowers, vegetables, herbs, trees and shrubs which is sold, offered for
sale or transported within this state for sowing purposes must bear or have
attached to it, in a conspicuous place, a plainly written label or tag in the
English language, giving the net weight of the seed and the information
specified for the respective classes of seed in subsection 2 and in NRS 587.093 to 587.105,
inclusive, which information must not be modified or denied in the labeling or
on another label attached to the container.

2. For all such seeds which are treated,
the label must contain:

(a) A word or statement indicating that the seed
has been treated;

(b) The commonly accepted coined, chemical,
generic or abbreviated chemical or generic name of the substance used for
treatment, or the description of the process used for treatment;

(c) If the substance applied to the seed for
treatment is in an amount which may be harmful to human or other vertebrate
animals, a caution, stating: “Do not use for food, feed or oil purposes.” The
caution for mercurials and similarly toxic substances must be a statement or
symbol indicating the presence of poison; and

(d) If the seed is treated with an inoculant, the
month and year beyond which the inoculant is not to be considered effective.

3. A separate label may be used to contain
the information required in subsection 2.

NRS 587.093Seeds of agricultural crops: Requirements for labels.The labeling of containers for seeds of
agricultural crops must state, in addition to the requirements of NRS 587.091:

1. The kind and variety, or the kind and
the phrase “variety not stated,” for each seed of another crop in the container
in excess of 5 percent of the whole, and the percentage by weight of the pure
seed of each listed in a column in order of its predominance. Seeds of other
crops in the container which are less than 5 percent of the whole may be
claimed as part of a mixture but if so must conform to the requirements
applicable to seeds in excess of 5 percent of the whole. Mixtures must be
designated by the word “mixed” or “mixture” accompanying the name of the
mixture. Hybrids must be labeled as hybrids.

2. The number or other identification of
the lot.

3. The origin, state or foreign country,
if known, of alfalfa, red clover and field corn, but not of hybrid corn. If the
origin is unknown, this fact must be stated.

4. The percentage by weight of all seeds
of weeds present.

5. The name and rate of occurrence per
pound of each kind of seeds of restricted noxious weeds present.

6. The percentage by weight of seeds of
crops other than those named on the label. These may be designated “crop
seeds.”

7. The percentage by weight of inert
matter.

8. For each seed for agricultural crops
named in the label:

(a) The percentage of germination, exclusive of
hard seed;

(b) The percentage of hard seed, if present; and

(c) The month and year the test for germination
was completed, and for mixtures, only the date of the oldest test of the seeds
in the mixture.

Ê In addition,
following the percentages shown in paragraphs (a) and (b), the total
germination and hard seed may be stated as such.

9. The name and address of the person who
labeled the seed, or who sells or offers the seed for sale within this state.

NRS 587.097Seeds of vegetables: Requirements for labels for containers of 1
pound or less.The labeling of
containers for seeds of vegetables in containers of 1 pound or less must state,
in addition to the requirements of NRS 587.091:

1. The name of the kind and variety of the
seed.

2. For seeds which germinate less than the
standard established in the regulations adopted under paragraph (c) of
subsection 1 of NRS 587.083:

(a) The percentage of germination, exclusive of
hard seed;

(b) The percentage of hard seed, if present;

(c) The month and year the test for germination
was completed; and

(d) The words, “below standard,” in not less than
8-point type.

3. The name and address of the person who
labeled the seed, or who sells or offers the seed for sale within this state.

4. The name and rate of occurrence per
pound of each kind of seed of restricted noxious weeds present in the
container.

NRS 587.099Seeds of vegetables: Requirements for labels for containers of
more than 1 pound.The labeling of
containers for seeds of vegetables in containers of more than 1 pound must
state, in addition to the requirements of NRS 587.091:

1. The name of each kind and variety
present in excess of 5 percent of the whole, and the percentage by weight of
each in order of its predominance.

2. The number or other identification of
the lot.

3. For each seed of vegetables named on
the label:

(a) The percentage of germination, exclusive of
hard seed;

(b) The percentage of hard seed, if present; and

(c) The month and year the test for germination
was completed.

4. The name and address of the person who
labeled the seed, or who sells or offers the seed for sale within this state.

5. The name and rate of occurrence per
pound of each kind of seed of restricted noxious weeds present in the
container.

NRS 587.101Seeds of flowers: Requirements for labels for packets prepared
for use in home gardens or plantings for households; preplanted containers.The labeling for seeds of flowers in packets
prepared for use in home gardens or plantings for households must state, in
addition to the requirements of NRS 587.091:

1. For all kinds of seeds of flowers:

(a) The name of the kind and variety or a
statement of the characteristics of type and performance as prescribed in the
regulations adopted under paragraph (g) of subsection 1 of NRS 587.083;

(b) The month and year the seed was tested for
germination or the year for which the seed was packaged; and

(c) The name and address of the person who
labeled the seed, or who sells or offers the seed for sale within this state.

2. In addition, for seeds of those kinds
for which standard procedures for testing are prescribed and which germinate
less than the standard of germination established in the regulations adopted
under paragraph (c) of subsection 1 of NRS 587.083:

NRS 587.103Seeds of flowers: Requirements for labels for other containers.The labeling of containers for seeds of
flowers in containers other than packets prepared for use in home gardens or
plantings for households must state, in addition to the requirements of NRS 587.091:

1. For all kinds of seeds of flowers:

(a) The name of the kind and variety or a
statement of the characteristics of type and performance as prescribed in the
regulations adopted under paragraph (g) of subsection 1 of NRS 587.083;

(b) The number or other identification of the
lot;

(c) The month and year the seed was tested for
germination or the year for which the seed was packaged; and

(d) The name and address of the person who
labeled the seed, or who sells or offers the seed for sale within this state.

2. In addition, for those kinds of seeds
for which standard procedures for testing are prescribed:

NRS 587.105Seeds of trees and shrubs: Requirements for labels.Except for seed supplied by a seedsman of
trees to a consumer under a contractual agreement, which may be labeled by
invoice or by an analysis tag attached to the invoice if the seed is in bulk or
if each bag or other container is clearly identified by the number of the lot
stenciled on the container, the labeling of each bag or container which is not
so identified and each container of seeds of trees and shrubs which is sold,
offered for sale or transported within this state for sowing purposes must
state, in addition to the requirements of NRS 587.091:

1. The common name of the species of seed
and subspecies, if appropriate.

2. The scientific name of the genus,
species and subspecies, if appropriate.

3. The number or other identification of
the lot.

4. The origin of the seed, specified as
follows:

(a) For seed collected from a predominantly
indigenous stand, the area of collection given by latitude and longitude,
geographic description or political subdivision, including state and county; or

(b) For seed collected from other than a
predominantly indigenous stand, identification of the area of collection and
the origin of the stand or, if applicable, the statement: “Origin not
indigenous.”

5. The upper and lower limits of
elevations within which the seed was collected.

6. The purity of the seed as a percentage
of pure seed by weight.

7. For those species for which standard
procedures for testing germination are prescribed by the Director, one of the
following:

(a) The germination in percentage and percentage
of firm ungerminated seed, and the month and year of the test;

(b) For seed transported or delivered for
transportation within the year of collection or within 6 months following the
year of collection, the statement: “Test is in process”; or

(c) For seed being transported to a consumer, the
name of the consumer and a statement: “Contract seed not for resale, and
subject to test to be arranged.”

8. For those species for which standard
procedures for testing germination have not been prescribed by the Director,
the year in which the seed was collected.

9. The name and address of the person who
labeled the seed, or who sells or offers the seed for sale within this state.

NRS 587.107Retention and inspection of records and samples.Each person whose name appears on a label as
handling seeds subject to any of the provisions of NRS
587.015 to 587.123, inclusive, shall keep for 2
years complete records of each lot of seed handled and for 1 year a file sample
of each lot of seed after final disposition of the lot. All such records and
samples pertaining to the shipment or shipments involved must be available for
inspection by the Director or the Director’s representative during normal
business hours.

NRS 587.109White or Irish seed potatoes imported into State: Notice to
Director; requirement to hold potatoes until inspected or released without
inspection; disposal of diseased potatoes.

1. Any person importing any white or Irish
potatoes intended for seed purposes into the State of Nevada shall, within 24
hours after the receipt of the potatoes, notify the Director of the arrival of
the potatoes and hold them at the person’s place of business or at the point of
receipt until the potatoes are inspected or released by the Director without
inspection.

2. If, upon inspection, the Director finds
that the potatoes are infected with bacterial ring rot, or other potato
diseases in amounts in excess of that allowed under the standards set for
Nevada certified potatoes, the potatoes may not be released for planting in
this state, but must be disposed of for nonseed purposes in a manner approved
by the Director.

3. If the seed potatoes are found to be
free from bacterial ring rot, and other potato diseases are not present in
excess of that allowed under the standards set for Nevada certified seed
potatoes, the Director shall release the potatoes.

NRS 587.111Prohibitions.It is
unlawful for any person to sell, offer for sale or transport for sale any seeds
of agricultural crops, flowers, vegetables, herbs, trees or shrubs within this
state:

1. If they are subject to the labeling
requirements of NRS 587.091 to 587.105, inclusive, unless the test to determine the
percentage of germination required has been completed, as prescribed in the
regulations adopted under paragraph (f) of subsection 1 of NRS 587.083, immediately before the sale, offering for
sale or transporting of the seed.

2. Unless labeled in accordance with the
provisions of NRS 587.091 to 587.105,
inclusive, or if bearing a false and misleading label.

3. Which have been the subject of a false
or misleading advertisement.

4. Which consist of or contain prohibited
seeds of noxious weeds in excess of recognized tolerances.

5. Which consist of or contain seeds of
restricted noxious weeds in excess of the number per pound as prescribed by
regulations adopted under paragraph (b) of subsection 1 of NRS 587.083, or in excess of the number stated on the
label attached to the container of the seed.

6. Which contain seeds of weeds in excess
of limits set forth in the regulations adopted under NRS
587.015 to 587.123, inclusive.

7. Which are represented, by labeling,
advertising or otherwise, to be any particular class of certified seed, unless:

(a) It has been determined by a certifying agency
that the seed was produced, processed and packaged, in accordance with the standards
established by the agency; in addition, as to seeds for trees, the seed was
found to be of the origin and elevation claimed; and

(b) The seed bears an official label, issued by
the certifying agency, that the seed is certified or registered.

NRS 587.114Sale of uncertified seed by variety name unlawful.It shall be unlawful to sell or offer for sale
by variety name, seed not certified by an official seed certifying agency, when
the variety is one for which an application for a certificate has been filed,
or for which a certificate of plant variety protection has been issued under
authority of the Plant Variety Protection Act (7 U.S.C. §§ 2321 et seq.)
requiring that the variety is to be sold as “Certified Seed” only.

2. To seed only while being stored in,
transported to or consigned to an establishment for the conditioning or
processing of seed if the invoice or labeling accompanying any shipment of such
seed bears the statement “seed for processing.”

3. To any carrier of seed which is
transported or delivered for transportation in the ordinary course of its
business as a carrier, if the carrier is not otherwise engaged in producing,
processing or marketing seeds which are subject to NRS
587.015 to 587.123, inclusive.

4. To seed from a bulk container which is
weighed and packaged in the presence of the purchaser, if that container is
properly labeled pursuant to NRS 587.091 to 587.105, inclusive.

NRS 587.117When seller not subject to penalty for incorrect labeling or
representations.A person who
sells or offers to sell seeds which are subject to the provisions of NRS 587.015 to 587.123,
inclusive, is not subject to a penalty for incorrect labeling or representation
as to kind, species, variety, type or origin, elevation and year of collection,
if applicable, of such seeds if:

1. The seeds cannot be identified by mere
examination;

2. The person obtains and relies upon:

(a) An invoice;

(b) A declaration of a grower or a seedsman of
trees, which states that the grower or seedsman has records to prove the
progeny of seed of the same origin; or

(c) Other labeling information; and

3. The person takes other precautions as
are reasonable to ensure that the labeling and representations are correct.

NRS 587.119Permit required for removal of screenings or cleanings from
premises; treatment of screenings.

1. If a seed is prepared for use, all
screenings or cleanings must be removed from the premises only under a permit
issued by the Director.

2. It is unlawful to distribute, give
away, sell or use screenings containing weed seeds unless the screenings have
been treated to destroy the viability of the weed seeds or otherwise in a
manner approved by the Director.

1. Any lot of seed found or reasonably
suspected to be in violation of any of the provisions of NRS
587.015 to 587.119, inclusive, is subject to
seizure upon a complaint by the Director filed in the district court of the
county in which the seed is located.

2. If the court finds that the seed is in
violation of any of those provisions, it may, after allowing the party or
parties in interest to apply for the release of the seed or for permission to
bring the seed into compliance with the law, make such orders as may be
necessary for the seed to be processed, relabeled, denatured, destroyed or
otherwise disposed of according to the circumstances of the case.

2. “Alfalfa seed” means the seed that is
harvested from any variety of alfalfa plant.

3. “Dealer” means any person, partnership,
association, corporation, cooperative or other business unit or device that first
handles, packs, ships, buys and sells alfalfa seed.

4. “Grower” means any landowner personally
engaged in growing alfalfa seed, or both the owner and tenant jointly, and
includes a person, partnership, association, corporation, cooperative organization,
trust, sharecropper or any and all other business units, devices or
arrangements that grow alfalfa seed.

(b) To prepare a budget covering anticipated
income and expenses for utilization of the money deposited to the Alfalfa Seed
Research and Promotion Account.

(c) To adopt procedures for filing with the
Advisory Board any proposed alfalfa seed research projects or market promotion
projects.

(d) To prepare and present to the State Board of
Agriculture a program for research in the production, harvesting, processing,
distribution and market promotion of alfalfa seed. The program must contain a
recommendation of a natural person or agency to conduct or manage each project,
the time period for each project and the budget allocation for the project.

1. The State Board of Agriculture has the
following powers and duties:

(a) To appoint the members of the Advisory Board,
to fix their term of office and to fill all vacancies.

(b) To establish procedures for the Nevada
alfalfa seed industry to recommend persons for appointment to the Advisory
Board.

(c) To administer, enforce and control the
collection of assessments levied for the Alfalfa Seed Research and Promotion
Account.

(d) To authorize payments from the Alfalfa Seed
Research and Promotion Account upon the recommendation of the Advisory Board.

(e) To contract with natural persons or agencies
for the conduct or management of research and market promotion projects.

(f) To adopt regulations to carry out the
provisions of NRS 587.131 to 587.181,
inclusive.

2. Money from the State General Fund may
not be utilized by the State Board of Agriculture in carrying out the
provisions of NRS 587.131 to 587.181,
inclusive. Expenditures for those purposes must be made only from the Alfalfa
Seed Research and Promotion Account created by NRS 561.409, and are subject to the
limitations stated in that section.

NRS 587.153Deposit of gifts and grants in Alfalfa Seed Research and
Promotion Account.All gifts or
grants of money which the Board is authorized to accept must be deposited with
the State Treasurer for credit to the Alfalfa Seed Research and Promotion Account.

NRS 587.155Levy and collection of special assessment; deposits to and
refunds from Alfalfa Seed Research and Promotion Account.

1. The Department shall, on or before
August 1 of each year, fix an annual special assessment not to exceed 50 cents
per hundred weight of alfalfa seed to be levied upon all alfalfa seed grown in
this state. The Department shall collect the assessment and transmit the
proceeds to the State Treasurer for credit to the Alfalfa Seed Research and
Promotion Account.

2. On or before June 30 of each year, any
person who has paid the special assessment levied pursuant to this section may
file a claim for a refund with the Department accompanied by a receipt showing
payment. Upon verification of the correctness of the claim, the Department
shall transmit the claim to the State Controller for payment from the Alfalfa
Seed Research and Promotion Account.

NRS 587.161Liability for payment of special assessment.All assessments levied pursuant to the
provisions of NRS 587.155 must be paid to the
Department by the person, either grower or dealer, by whom the alfalfa seed was
first handled in the primary channels of the trade and must be paid within 60
days after the date on which the grower received payment for the alfalfa seed.
If the person first handling the alfalfa seed in the primary channels of trade
is a person other than the grower, the person may charge against or recover
from the grower the full amount of any assessment paid under NRS 587.155.

NRS 587.165Penalty for failure to file return or pay assessment.Any grower or dealer who fails to file a
return or to pay any assessment pursuant to NRS 587.155
within the period required forfeits to the Department a penalty of 5 percent of
the amount of the assessment due and 1 percent of the assessment due for each
month of delay or fraction thereof after the end of the month in which the
return was required to be filed or in which the assessment became due. The
Department, if satisfied the delay was excusable, may remit all or any part of
the penalty. The penalty must be paid to the Department and deposited for
credit to the Alfalfa Seed Research and Promotion Account.

NRS 587.171Recovery of delinquent assessment and penalties.Any assessment levied constitutes a personal
debt of every person so assessed. If a person fails to pay the assessment,
including all penalties, the Department may, at any time within 3 years after
the date of delinquency, maintain a civil action against the person to recover
the amount of the delinquent assessment and penalties.

NRS 587.181Requirements for growers shipping out of State.Alfalfa seed growers who ship their alfalfa
seed directly to dealers outside the State of Nevada shall remit assessment
fees to and file such reports as are required with the Department.

NRS 587.310Administration by State Quarantine Officer.The State Quarantine Officer is designated as
the authority to administer NRS 587.290 to 587.450, inclusive.

[Part 1:225:1931; 1931 NCL § 451]

NRS 587.360State inspectors: Designation; fees for services.

1. The State Quarantine Officer may
designate any competent employee or agent of the Department to inspect or classify
agricultural products in accordance with such regulations as the State
Quarantine Officer may prescribe at such places as the volume of business may
be found to warrant the furnishing of the inspection service, at the request of
persons having an interest in those products, and to ascertain and to certify
to those persons the grade, classification, quality or condition thereof, and
such other pertinent facts as the State Quarantine Officer may require.

2. The State Quarantine Officer may fix,
assess and collect, or cause to be collected, fees for those services if they
are performed by employees or agents of the department.

1. The board of county commissioners of
any county may employ one or more inspectors to assist in carrying out the
provisions of NRS 587.290 to 587.450,
inclusive, upon a salary or on a per diem basis, for such a period as the board
and the State Quarantine Officer deem necessary, but no inspector may be so
employed who is not licensed by the State Quarantine Officer, who shall direct
all of the inspector’s official activities.

2. Any inspector so employed by any county
shall collect all inspection fees fixed and established by the State Quarantine
Officer for any inspections and certifications performed by the inspector, and
promptly forward the fees to the State Quarantine Officer. The State Quarantine
Officer shall forward any portion of the fees due any federal agency to that
agency. Ten percent of the inspection fees collected must be remitted to the
Department for use in the Plant Industry Program, and the balance must be reimbursed
to the counties where the fees were collected.

NRS 587.380License to inspect or classify agricultural products;
regulations; compensation of licensees; suspension and revocation of licenses.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

1. Upon satisfactory evidence of
competency, submission of the statement required pursuant to NRS 587.382 and the payment of a reasonable fee for a
license, the State Quarantine Officer may license a person to inspect or
classify agricultural products in accordance with such regulations as the State
Quarantine Officer may prescribe at such places as the volume of business may
be found to warrant the furnishing of such inspection service, at the request
of persons having an interest in such products, and to ascertain and to certify
to such persons the grade, classification, quality or condition thereof, and
such other pertinent facts as the State Quarantine Officer may require.

2. Licensed inspectors may charge and
collect as compensation for such services only such fees as may be approved by
the State Quarantine Officer.

3. Except as otherwise required in
subsection 4, the State Quarantine Officer may suspend or revoke any license
if, after an opportunity for hearing has been afforded the licensee, the State
Quarantine Officer determines that the licensee is incompetent or has knowingly
or carelessly failed to certify correctly the grade, classification, quality or
condition of any agricultural product, or has violated any provisions of NRS 587.290 to 587.450,
inclusive, or of the regulations adopted pursuant thereto.

4. Pending investigation, the State
Quarantine Officer may suspend a license temporarily without a hearing.

NRS 587.380License to inspect or
classify agricultural products; regulations; compensation of licensees;
suspension and revocation of licenses. [Effective on the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

1. Upon satisfactory evidence of
competency and the payment of a reasonable fee therefor, the State Quarantine
Officer is authorized to license a person to inspect or classify agricultural
products in accordance with such regulations as the State Quarantine Officer
may prescribe at such places as the volume of business may be found to warrant
the furnishing of such inspection service, at the request of persons having an
interest in such products, and to ascertain and to certify to such persons the
grade, classification, quality or condition thereof, and such other pertinent
facts as the State Quarantine Officer may require.

2. Licensed inspectors may charge and
collect as compensation for such services only such fees as may be approved by
the State Quarantine Officer.

3. The State Quarantine Officer may
suspend or revoke any license whenever, after an opportunity for hearing has
been afforded the licensee, the State Quarantine Officer shall determine that
such licensee is incompetent or has knowingly or carelessly failed to certify
correctly the grade, classification, quality or condition of any agricultural
product, or has violated any provisions of NRS 587.290
to 587.450, inclusive, or of the regulations made
thereunder.

4. Pending investigation, the State
Quarantine Officer may suspend a license temporarily without a hearing.

[Part 5:225:1931; 1931 NCL § 451.04]—(NRS A 1997, 2101,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)

NRS 587.382Payment of child support: Statement by applicant for license;
grounds for denial of license; duty of State Quarantine Officer. [Effective
until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

1. An applicant for the issuance or
renewal of a license to inspect or classify agricultural products shall submit
to the State Quarantine Officer the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520. The statement
must be completed and signed by the applicant.

2. The State Quarantine Officer shall
include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the State Quarantine
Officer.

3. A license to inspect or classify
agricultural products may not be issued or renewed by the State Quarantine
Officer if the applicant:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that he or she is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment of
the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that he or she is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the State
Quarantine Officer shall advise the applicant to contact the district attorney
or other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.

NRS 587.384Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

1. If the State Quarantine Officer
receives a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a license to
inspect or classify agricultural products, the State Quarantine Officer shall
deem the license issued to that person to be suspended at the end of the 30th
day after the date on which the court order was issued unless the State
Quarantine Officer receives a letter issued to the holder of the license by the
district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
license has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.

2. The State Quarantine Officer shall
reinstate a license to inspect or classify agricultural products that has been
suspended by a district court pursuant to NRS
425.540 if the State Quarantine Officer receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

NRS 587.386Application for license to include social security number of
applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]An application for the issuance of a license
to inspect or classify agricultural products must include the social security
number of the applicant.

NRS 587.388Application for renewal of license to inspect or classify
agricultural products required to include information relating to state
business registration; renewal of license prohibited in certain circumstances.

1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of a license to inspect
or classify agricultural products must indicate in the application submitted to
the State Quarantine Officer whether the applicant has a state business
registration. If the applicant has a state business registration, the applicant
must include in the application the business identification number assigned by
the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

2. A license to inspect or classify
agricultural products may not be renewed by the State Quarantine Officer if:

(a) The applicant fails to submit the information
required by subsection 1; or

(b) The State Controller has informed the State
Quarantine Officer pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a
debt to an agency that has been assigned to the State Controller for collection
and the applicant has not:

(1) Satisfied the debt;

(2) Entered into an agreement for the
payment of the debt pursuant to NRS
353C.130; or

(Added to NRS by 2013, 2740)—(Substituted
in revision for NRS 587.395)

NRS 587.390Official standards for grading and classifying agricultural
products and farm product containers: Adoption by State Quarantine Officer;
changes.In order to promote,
protect, further and develop the agricultural interests of this state, the
State Quarantine Officer is hereby authorized and empowered, after
investigation and public hearing:

1. To fix and promulgate:

(a) Official standards for grading and
classifying any or all agricultural products offered for sale in this state;
and

(b) Official standards for containers of farm
products.

2. To change any of them from time to
time.

[2:225:1931; A 1949, 87; 1943 NCL § 451.01]

NRS 587.395Renewal of license to inspect or classify agricultural products:
Requirements; duties of State Quarantine Officer; grounds for denial of
renewal.[Replaced in revision by NRS 587.388.]

NRS 587.400Notice of effective date of standard or of alterations or
modifications; dissemination of information concerning standards.

1. In promulgating the standards or any
alterations or modification of such standards, the State Quarantine Officer
shall specify the date or dates when the same shall become effective and shall
give public notice not less than 30 days in advance of such date or dates by
such means as the State Quarantine Officer deems proper.

2. The State Quarantine Officer is
authorized and empowered to employ reasonable methods for diffusing information
concerning the standard that may be fixed by the State Quarantine Officer for
any agricultural product or container.

[3:225:1931; 1931 NCL § 451.02]

NRS 587.410Adoption of federal standards; cooperation with United States.

1. The State Quarantine Officer is
authorized to fix and promulgate as the official standard for this state for
any agricultural product or container the standard for such product or
container which may have been promulgated or announced therefor under the
authority of the Congress of the United States.

2. In carrying out the provisions of NRS 587.290 to 587.450,
inclusive, the State Quarantine Officer is authorized to cooperate with the
United States or any department thereof in accomplishing the matters and things
provided for therein.

[4:225:1931; 1931 NCL § 451.03]

NRS 587.420Appeals to State Quarantine Officer from findings of inspectors;
fees.

1. Whenever any quantity of any
agricultural product shall have been inspected under NRS
587.290 to 587.450, inclusive, and a question
arises as to whether the certificate issued therefor shows the true grade,
classification, quality or conditions of such product, any interested person,
subject to such regulations as the State Quarantine Officer may prescribe, may
appeal the question to the State Quarantine Officer who is authorized to cause
such investigation to be made and such tests to be applied as he or she may
deem necessary and to determine and issue a finding of the true grade or
classification of the product or of the quality or condition thereof.

2. Whenever an appeal shall be taken to
the State Quarantine Officer under NRS 587.290 to 587.450, inclusive, the State Quarantine Officer shall
charge, assess and collect, or cause to be collected, a reasonable fee which
shall be refunded if the appeal is sustained. The State Quarantine Officer
shall fix the amount of the fee.

[6:225:1931; 1931 NCL § 451.05]

NRS 587.430Certificates as prima facie evidence.A
certificate when not superseded by a finding on appeal, or a finding on appeal
of the grade, classification, quality or condition of any agricultural product
issued under NRS 587.290 to 587.450,
inclusive, and all certificates issued under authority of the Congress of the
United States relating to the grade, classification, quality or condition of
agricultural products, shall be accepted in any court of this state as prima
facie evidence of the true grade, classification, condition or quality of such
agricultural product at the time of its inspection.

[7:225:1931; 1931 NCL § 451.06]

NRS 587.440Unlawful acts; penalty.Any
employee or agent employed under NRS 587.290 to 587.450, inclusive, or any inspector licensed
thereunder, who shall knowingly inspect, grade or classify improperly any
agricultural product or shall knowingly give any incorrect certificate of
grade, classification, quality or condition or shall accept money or other
consideration directly or indirectly for any incorrect or improper performance
of duty, and any person who shall improperly influence or attempt to improperly
influence any such agent, employee or licensed inspector in the performance of
his or her duty, shall be guilty of a misdemeanor.

NRS 587.450Prohibition on misrepresenting agricultural product or using
container not conforming to applicable standard.

1. If any quantity of any agricultural
product shall have been inspected and a certificate issued under NRS 587.290 to 587.450,
inclusive, showing the grade, classification, quality or condition thereof, no
person shall represent that the grade, classification, quality or condition of
such product at the time and place of such inspection was other than as shown
by such certificate.

2. Whenever any standard for a container
for an agricultural product becomes effective under NRS
587.290 to 587.450, inclusive, no person
thereafter shall pack for sale, offer for sale, consign for sale, or sell and
deliver, in a container, any such agricultural product to which the standard is
applicable unless the container conforms to the standard, subject to such
variations therefrom as may be allowed, in the regulations made under NRS 587.290 to 587.450,
inclusive, or unless such product is brought from outside the State and offered
for sale, consigned for sale or sold in the original package, but no
agricultural product shall be offered for sale which bears a label containing
any superlative word or words designating a superior or higher quality unless
the product shall conform to the highest grade specification adopted under the
provisions of NRS 587.410.

NRS 587.460Definitions.As
used in NRS 587.460 to 587.660,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 587.470 to 587.530,
inclusive, have the meanings ascribed to them in those sections.

NRS 587.470“Bulk lot” and “bulk load” defined.“Bulk
lot” or “bulk load” of any fresh or dried fruit, nut or vegetable means any one
group of specimens of such product which is not in a container and which is set
apart or separate from any other group.

NRS 587.480“Deceptive arrangement” and “deceptive display” defined.“Deceptive arrangement” or “deceptive display”
of fresh or dried fruits, nuts or vegetables means any bulk lot or load,
arrangement or display of such products which has in the exposed surface fresh
or dried fruits, nuts or vegetables which are so superior in quality, size,
condition or in any other respect so superior to those which are concealed or
the unexposed portion as to materially misrepresent any part of the bulk lot or
load.

NRS 587.490“Deceptive pack” defined.“Deceptive
pack” means any container or subcontainer which has in the outer layer or any
exposed surface fruits, nuts or vegetables which are in quality, size,
condition or in any other respect so superior to those in the interior of the
container or subcontainer or in the unexposed portion as to materially
misrepresent the contents. Such pack is deceptive if the outer or exposed
surface is composed of products whose size is not an accurate representation of
the variation of size of the products in the entire container even though the
fruits, nuts or vegetables in the container are virtually uniform in size.

NRS 587.510“Mislabel” defined.“Mislabel”
means the placing or presence of any false or misleading statement, design or
device upon any of the following: Any container, the label or lining of any
container, the wrapper of any fresh or dried fruit, nut or vegetable, any
placard which is used in connection with and which has reference to any fresh
or dried fruits, nuts or vegetables. A statement, design or device is false or
misleading if the fresh or dried fruit, nut or vegetable or container to which
it apparently or actually refers does not conform in every respect to such
statements, design or device.

1. Prescribing methods of selecting
samples of lots or containers of fruits, nuts and vegetables on a basis of size
or other specific classification which are reasonably calculated to produce by
that sampling fair representations of the entire lots or containers which are
sampled.

2. Establishing and issuing official color
charts which depict the color standards and requirements which may be
established by NRS 587.460 to 587.660, inclusive.

3. Which are necessary to secure
uniformity in the enforcement of the provisions of NRS
587.460 to 587.660, inclusive.

NRS 587.560Cooperation with counties in enforcement.The Director may cooperate financially or
otherwise with any county in accordance with the provisions of NRS 244.327 and 561.245 in the enforcement of the
provisions of NRS 587.460 to 587.660,
inclusive.

1. All potatoes sold or offered for sale
for human consumption within this state must meet the U.S. No. 2 grade
requirements or better, as adopted by the United States Department of
Agriculture and by the Department pursuant to the provisions of NRS 587.390.

2. All containers of potatoes if full must
bear upon them in plain sight and plain letters the name of the person who
authorized the packing of the potatoes or the name under which the packer is
engaged in business, together with a sufficiently explicit address to permit
the ready location of the packer.

3. All containers of potatoes sold must be
marked with one of the grade markings for potatoes established by the United
States Department of Agriculture and the Department, except that open
containers are not required to be marked with one of the grade markings if they
are part of an open display of potatoes which is marked with one of the grade
markings. The potatoes in those containers must meet the grade marked on the
open display.

1. All onions sold or offered for sale for
human consumption within this state must meet the U.S. No. 2 grade
requirements, or better, as adopted by the United States Department of
Agriculture and the Department pursuant to the provisions of NRS 587.390.

2. All containers of onions if full must
bear upon them in plain sight and plain letters the name of the person who
authorized the packing of the onions or the name under which the packer is
engaged in business, together with a sufficiently explicit address to permit
the ready location of the packer.

3. All containers of onions sold must be
marked with one of the grade markings for onions established by the United
States Department of Agriculture and the Department, except that open
containers are not required to be marked with one of the grade markings if they
are part of an open display of onions which is marked with one of the grade
markings. The onions in those containers must meet the grade marked on the open
display.

NRS 587.590Nonconformity with provisions unlawful.It
is unlawful for any person to prepare, pack, place, deliver for shipment,
deliver for sale, load, ship, transport, cause to be transported or sell any
fruits, nuts or vegetables in bulk or in any container or subcontainer unless
such fruits, nuts and vegetables and their containers conform to the provisions
of NRS 587.460 to 587.660,
inclusive.

NRS 587.610Mislabeling, false or misleading statements or advertising
unlawful.It is unlawful for any
person to mislabel any fruit, nut or vegetable, or place or have any false or
misleading statement or designation of quality, grade, trademark or trade name
on any wrapper, container, label or lining of any container of any fresh or
dried fruit, nut, vegetable, or on any placard which is used in connection with
or which has reference to any fresh or dried fruit, nut, vegetable or
container, bulk lot, bulk load, load, arrangement or display of fresh or dried
fruits, nuts or vegetables.

NRS 587.620Unlawful to violate or remove hold order.It is unlawful for any person to remove or
dispose of any fruits, nuts, vegetables or their containers to which any hold
order or notice has been affixed or to remove such hold order or notice from
the place where it is affixed except under a written permit to do so from an
enforcing officer or under the enforcing officer’s specific direction.

1. Except as otherwise provided in this
chapter, it is unlawful for any person to pack any fruits, nuts or vegetables
in layers in any container which has straight sides unless there is
approximately the same numerical count in each layer.

2. All packed fruits, nuts or vegetables
shall be so packed that they will not move in the container. Fruits or
vegetables which, after having been in storage or after having been shipped,
fail to meet this requirement due to unavoidable natural shrinkage which occurs
after packing do not violate the provisions of this section.

NRS 587.640Refusal to permit inspection unlawful.It
is unlawful for any person to refuse to submit any container, subcontainer,
load or display of fruits, nuts or vegetables to the inspection of any
enforcing officer or to refuse to stop any vehicle which contains any fruits,
nuts or vegetables for the purpose of inspection by an enforcing officer.

NRS 587.650Unlawful to pack, transport or sell defective or damaged
products.It is unlawful for any
person to prepare, pack, place, deliver for shipment, deliver for sale, load,
ship, transport or sell in the State of Nevada any nuts, fresh fruits or
vegetables in bulk or in any container or subcontainer unless 90 percent by
weight or more of such fruits, nuts or vegetables in bulk or in any container or
subcontainer, as established by the inspection of a representative sample, are
free from any defects, including, without limitation, any insect injury which
has penetrated or damaged the edible portion, worms, internal breakdown, mold
or decay.

NRS 587.660Certain provisions applicable only when specific standards of
quality not otherwise established.The
provisions of NRS 587.590 to 587.650,
inclusive, apply only to those fruits, nuts or vegetables for which specific
quality standards are not otherwise established by this chapter or by
regulations adopted by the Director.

NRS 587.691Definitions.As
used in NRS 587.691 to 587.699,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 587.692, 587.693
and 587.694 have the meanings ascribed to them in
those sections.

1. “Acidified foods” means a food item
containing either fruits, vegetables or both fruits and vegetables which, when
prepared for sale, has a finished equilibrium pH level of not more than 4.6.

2. The term does not include any product
that includes, without limitation, milk or milk products, eggs, meat, poultry,
fish, shellfish, edible crustacean ingredients or any other ingredients capable
of supporting the rapid growth of infectious or toxigenic microorganisms.

NRS 587.693“Craft food operation” defined.“Craft
food operation” means a natural person who manufactures or prepares acidified
foods in his or her private home or, if allowed by the health authority, in the
kitchen of a fraternal or social clubhouse, a school or a religious, charitable
or other nonprofit organization, for sale to a natural person for consumption,
and whose gross sales of such foods are not more than $35,000 per calendar
year.

NRS 587.694“Health authority” defined.“Health
authority” means the officers and agents of the Division of Public and
Behavioral Health of the Department of Health and Human Services, or the
officers and agents of the local boards of health.

1. A craft food operation which
manufactures or prepares a food item by any manner or means whatever for sale,
or which offers or displays a food item for sale, is not a “food establishment”
pursuant to paragraph (j) of subsection 2 of NRS
446.020 if each such food item is:

(a) Sold on the private property of the natural
person who manufactures or prepares the food item or at a location where the
natural person who manufactures or prepares the food item sells the food item
directly to a consumer, including, without limitation, a farmers’ market
licensed pursuant to chapter 244 or 268 of NRS, flea market, swap meet, church
bazaar, garage sale or craft fair, by means of an in-person transaction that
does not involve selling the food item by telephone or via the Internet;

(b) Sold to a natural person for his or her
consumption and not for resale;

(c) Affixed with a label which complies with the
federal labeling requirements set forth in 21 U.S.C. § 343(w) and 9 C.F.R. Part
317 and 21 C.F.R. Part 101;

(d) Labeled with:

(1) The date the food item was produced;
and

(2) “MADE IN A CRAFT FOOD OPERATION THAT
IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION” printed prominently on the
label for the food item;

(e) Prepackaged in a manner that protects the
food item from contamination during transport, display, sale and acquisition by
consumers; and

(f) Prepared and processed in the kitchen of the
private home of the natural person who manufactures or prepares the food item
or, if allowed by the health authority, in the kitchen of a fraternal or social
clubhouse, a school or a religious, charitable or other nonprofit organization.

2. No local zoning board, planning
commission or governing body of an unincorporated town, incorporated city or
county may adopt any ordinance or other regulation that prohibits a natural
person from preparing food in a craft food operation.

3. As used in this section, “food item”
means acidified foods produced by a person who meets the requirements of NRS 587.695 to 587.699,
inclusive.

NRS 587.696Registration to produce acidified foods: Requirements and
qualifications; period of validity; renewal; provision of updates and
information by Department to registrants; inspections; fees.

1. The Department shall register a person
who produces acidified foods if the person:

(a) Completes a course of training in basic food
safety and the preparation and canning of acidified foods which has been
approved by the Department;

(b) Passes an examination on the preparation of
acidified foods which has been approved by the Department;

(c) Pays the registration fee prescribed by the
Department; and

(d) Provides the Department with such information
as the Department deems appropriate, including, without limitation:

(1) The name, address and contact
information of the natural person who is producing the acidified foods; and

(2) If the acidified foods are sold under
a name other than that of the natural person who produces the acidified foods, the
name under which the natural person sells the acidified foods.

2. A registration that is issued or
otherwise recorded pursuant to subsection 1 is valid for 3 years after the date
of initial registration and may be renewed pursuant to the provisions of
subsection 3.

3. The Department shall renew a
registration that is issued or otherwise recorded pursuant to subsection 1
every 3 years if the person:

(a) Provides proof satisfactory to the Department
that the person has complied with the requirements of NRS
587.695;

(b) Completes a course of training in basic food
safety and the preparation and canning of acidified foods which has been
approved by the Department;

(c) Passes an examination on the preparation of
acidified foods which has been approved by the Department;

(d) Pays the renewal fee prescribed by the
Department; and

(e) Provides the Department with any such
information as the Department deems appropriate.

4. The Department shall provide to each
person registered to produce acidified foods pursuant to this section:

(a) Periodic updates on, without limitation, the
testing and preparation of acidified foods; and

(b) Information about workshops or other training
opportunities related to the safe production of acidified foods.

5. The Department may inspect the premises
of a person registered to produce acidified foods pursuant to this section only
to investigate a food item that may be deemed to be adulterated pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or
suspected outbreak of illness known or suspected to be caused by a contaminated
food item. The producer of acidified foods shall cooperate with the Department
in any such inspection. If, as a result of such an inspection, the Department
determines that the producer of acidified foods has produced an adulterated
food item or was the source of an outbreak of illness caused by a contaminated
food item, the Department may charge and collect from the producer of acidified
foods a fee in an amount that does not exceed the actual cost to the Department
to conduct the investigation.

NRS 587.697Payment of child support: Statement by applicant for
registration; grounds for denial of registration; duty of Department.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

1. In addition to any other requirements
set forth in NRS 587.691 to 587.699,
inclusive, an applicant for registration or renewal of registration as a
producer of acidified foods shall:

(a) Include the social security number of the
applicant in the application submitted to the Department.

(b) Submit to the Department the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.

2. The Department shall include the
statement required pursuant to subsection 1 in:

(a) The application or any other forms that must
be submitted for registration or renewal of registration; or

(b) A separate form prescribed by the Department.

3. An applicant may not be registered or
have his or her registration renewed by the Department if the applicant:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Department shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.

NRS 587.698Suspension of registration for failure to pay child support or
comply with certain subpoenas or warrants; reinstatement of registration.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

1. If the Department receives a copy of a
court order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is
registered as a producer of acidified foods, the Department shall deem the
registration of that person to be suspended at the end of the 30th day after
the date on which the court order was issued unless the Department receives a
letter issued to the registrant by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the registrant has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.

2. The Department shall reinstate a
registration that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose
registration was suspended stating that the person whose registration was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.

CERTIFICATION OF PRODUCERS AND HANDLERS OF ORGANIC
AGRICULTURAL PRODUCTS

NRS 587.700Definitions.As
used in NRS 587.700 to 587.830,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 587.715 to 587.780,
inclusive, have the meanings ascribed to them in those sections.

1. An Advisory Council for Organic
Agricultural Products is hereby created in the Department. The Advisory Council
consists of:

(a) Four members who are producers or handlers of
organic agricultural products;

(b) One member who is a purchaser, consumer, or
wholesale or retail seller of organic agricultural products; and

(c) One member who represents an agricultural
interest other than organic agricultural products.

2. The Director shall nominate members for
the Advisory Council, and the State Board of Agriculture shall appoint the
members.

3. The Advisory Council may:

(a) Advise the Director and the State Board of
Agriculture concerning the provision of information and educational services to
the public and to producers and handlers of organic agricultural products
concerning the program for the certification of producers and handlers of
organic agricultural products established by the Director pursuant to NRS 587.800, if such a program is established; and

(b) Provide information and educational services
to the public and to producers and handlers of organic agricultural products.

1. The State Board of Agriculture shall
appoint three of the first members of the Advisory Council for Organic
Agricultural Products for terms of 2 years and three for terms of 3 years.
After the expiration of the initial term, the term of office of each member is
3 years. A vacancy must be filled, for the unexpired term, by appointment of a
member whose qualifications are the same as those of the member replaced. The
Advisory Council shall elect a Chair and Vice Chair from among its members. The
Director shall provide appropriate secretarial support and a place for the meetings
of the Advisory Council.

2. The Advisory Council shall meet at
least annually, upon the call of the Director or the Chair. A majority of the
members appointed to the Advisory Council constitutes a quorum.

3. For each day or portion of a day necessarily
spent on the business of the Advisory Council, each member is entitled to
receive:

(a) Compensation, to be fixed by regulation of
the State Board of Agriculture, which must not exceed $80 per day; and

(b) The per diem allowance and travel expenses provided
for state officers and employees generally.

NRS 587.830Regulations for administration and enforcement of program for
certification of producers and handlers of organic agricultural products; fees.If the Director establishes a program for the
certification of producers and handlers of organic agricultural products
pursuant to NRS 587.800, the State Board of
Agriculture shall adopt appropriate regulations:

1. For the administration of the program,
including, without limitation:

(a) Standards for the analysis and inspection of
organic agricultural products;

NRS 587.841Definitions.As
used in NRS 587.841 to 587.899,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 587.843 to 587.861,
inclusive, have the meanings ascribed to them in those sections.

1. “Commercial feed” means all materials
or combinations of materials which are distributed or intended for distribution
for use as feed or for mixing in feed. The term includes, without limitation,
pet food, specialty pet food and mineral feed.

2. The term does not include:

(a) Unmixed whole seeds, including, without
limitation, unmixed whole seeds which are physically altered, if such seeds are
not chemically changed or adulterated.

(b) Commodities, including, without limitation,
hay, straw, stover, silage, cobs, husks and hulls and individual chemical
compounds and substances if those commodities, compounds or substances are not
intermixed, mixed with other materials or adulterated.

NRS 587.849“Guarantor” defined.“Guarantor”
means the person who is indicated on the label of commercial feed as having
verified the accuracy of the information contained on the label relating to the
ingredients, substances and elements contained in the commercial feed.

NRS 587.861“Specialty pet food” defined.“Specialty
pet food” means any commercial feed prepared and distributed for consumption by
any domesticated animal kept primarily for personal enjoyment, other than a dog
or cat.

1. The provisions of NRS 587.841 to 587.899,
inclusive, do not apply to customer-formula feed, or a manufacturer,
distributor or guarantor thereof, or a contract feeder.

2. As used in this section:

(a) “Contract feeder” means a person who as an
independent contractor feeds commercial feed to animals pursuant to a contract
whereby the commercial feed is supplied, furnished or otherwise provided to the
person and whereby the person’s remuneration is determined in whole or in part
by feed consumption, mortality, profits or the amount or quality of the
product.

(b) “Customer-formula feed” means commercial feed
which consists of a mixture of commercial feeds or ingredients, each batch of
which is manufactured according to the specific instructions of the final purchaser.

(a) It is unlawful for a person to manufacture,
distribute or act as a guarantor of commercial feed in this State unless the
person has been issued by the Department a license pursuant to NRS 587.869; and

(b) A person who manufactures, distributes or
acts as a guarantor of commercial feed must obtain a license from the
Department for each facility in this State:

(1) Where he or she intends to manufacture
or distribute commercial feed.

(2) For which he or she is a guarantor of
any or all of the commercial feed that is manufactured at or distributed from
the facility.

2. A person is not required to obtain a
license pursuant to subsection 1 if he or she conducts only retail sales of
commercial feed and the packaging of the commercial feed includes a label
indicating that the commercial feed is from a manufacturer or distributor who
is licensed pursuant to subsection 1.

1. A person applying for a license to
manufacture, distribute or be a guarantor of commercial feed must:

(a) File an application with the Department on a
form prescribed and furnished by the Department; and

(b) Pay the fee for the issuance of a license
established by the Department pursuant to subsection 2.

2. The Department shall establish a fee
for the issuance and annual renewal of a license required by NRS 587.865 in an amount not to exceed $75.

3. A license expires on December 31 of
each year. An application to renew a license must be received by the Department
on or before December 31 of each year. If a licensee submits an application for
renewal after December 31 of the year in which the license expires, the
licensee must pay a late fee of $20 in addition to the annual license fee
established by the Department pursuant to subsection 2.

1. Except as otherwise provided in
subsection 2 and NRS 587.871, the Department shall
issue a license to or renew the license of an applicant who files with the
Department a complete application and pays the fee established by the
Department pursuant to NRS 587.867.

2. The Department may refuse to issue or
renew or may suspend, revoke or place conditions on a license for a violation
of any provision of NRS 587.841 to 587.899, inclusive, but no license may be refused,
suspended or revoked or have conditions imposed upon its issuance pursuant to
this section until the Department has provided the applicant or licensee an
opportunity for a hearing.

NRS 587.871Payment of child support: Statement by applicant for license;
grounds for denial of license; duty of Department. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license required by NRS 587.865 shall:

(a) Include the social security number of the
applicant in the application submitted to the Department.

(b) Submit to the Department the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.

2. The Department shall include the
statement required by subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Department.

3. A license must not be issued or renewed
by the Department if the applicant:

(a) Fails to submit the statement required by
subsection 1; or

(b) Indicates on the statement that the applicant
is subject to a court order for the support of a child and is not in compliance
with the order or a plan approved by the district attorney or other public
agency enforcing the order for the repayment of the amount owed pursuant to the
order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Department shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.

NRS 587.873Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

1. If the Department receives a copy of a
court order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a licensee, the
Department shall deem the license issued to that person to be suspended at the
end of the 30th day after the date on which the court order was issued unless
the Department receives a letter issued to the licensee by the district
attorney or other public agency pursuant to NRS
425.550 stating that the licensee has complied with the subpoena or warrant
or has satisfied the arrearage pursuant to NRS
425.560.

2. The Department shall reinstate a
license that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

NRS 587.875Application for renewal of license required to include
information relating to state business registration; renewal of license
prohibited in certain circumstances.

1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of a license required
by NRS 587.865 must indicate in the application
submitted to the Department whether the applicant has a state business
registration. If the applicant has a state business registration, the applicant
must include in the application the business identification number assigned by
the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

2. A license may not be renewed by the
Department if:

(a) The applicant fails to submit the information
required by subsection 1; or

(b) The State Controller has informed the
Department pursuant to subsection 5 of NRS
353C.1965 that the applicant owes a debt to an agency that has been
assigned to the State Controller for collection and the applicant has not:

(1) Satisfied the debt;

(2) Entered into an agreement for the
payment of the debt pursuant to NRS
353C.130; or

NRS 587.877Submission of quarterly report and payment of fee required of
licensee; exemption from fee; maintenance of records; confidentiality.

1. Each licensee shall submit to the
Department on or before the end of each calendar quarter:

(a) A report that includes, without limitation, a
statement of the amount of commercial feed manufactured, distributed or
guaranteed, as applicable, by the licensee in this State during the preceding
calendar quarter; and

(b) The quarterly fee in the amount required
pursuant to subsection 2.

2. Except as otherwise provided in
subsection 3, the amount of the quarterly fee that a licensee must pay is the
greater of:

(a) Five dollars; or

(b) The fee established by the Department by
regulation to be paid per ton of commercial feed manufactured, distributed or
guaranteed, as applicable, in this State, which may not exceed 15 cents per
ton.

Ê If a
licensee does not submit the amount required pursuant to this subsection on or
before 15 days after the date on which it is due, the licensee must submit, in
addition to that amount, a late fee in the amount of 50 percent of the amount
due.

3. A licensee is not required to submit
the fees required pursuant to subsection 2 for commercial feed if another
licensee has submitted the required fees for the same commercial feed. The
Department shall adopt regulations specifying the circumstances under which a
licensee is not required to pay fees pursuant to this subsection.

4. Each licensee shall maintain records
sufficient to verify that the information contained in a report submitted
pursuant to subsection 1 is complete and accurate.

1. All fees received pursuant to NRS 587.867 and 587.877
must be deposited in the Commercial Feed Account, which is hereby created in
the State General Fund. The Director shall administer the Account. The money in
the Account must be expended only to pay for the costs to the Department for
administering the provisions of NRS 587.841 to 587.899, inclusive, including, without limitation, the
costs of inspection, sampling and analysis of commercial feed.

2. The interest and income earned on the
money in the Account, after deducting any applicable charges, must be credited
to the Account. Money that remains in the Account at the end of the fiscal year
does not revert to the State General Fund, and the balance in the Account must
be carried forward to the next fiscal year.

NRS 587.881Authority of Department to conduct inspections; collection and
testing of samples; search warrant may be obtained if owner, operator or agent
refuses inspection.

1. After showing proper credentials, a
representative of the Department may, during normal business hours, enter and
inspect:

(a) Any building, factory, warehouse or other
facility in this State where commercial feed is manufactured, processed,
packaged or held for distribution;

(b) Any records, equipment, materials, containers
and labels located in a building, factory, warehouse or other facility in this
State where commercial feed is manufactured, processed, packaged or held for
distribution; and

(c) Any vehicle used to transport or hold
commercial feed,

Ê for the
purposes of determining compliance with NRS 587.841
to 587.899, inclusive, and any regulations adopted
by the Department pursuant thereto.

2. An inspection conducted pursuant to
subsection 1 must be conducted and completed in a reasonable manner.

3. A representative of the Department who
conducts an inspection pursuant to this section:

(a) May obtain samples of any commercial feed,
ingredient, substance or element. If a representative obtains such a sample,
the representative must provide the owner, operator or authorized agent of the
building, factory, warehouse, facility or vehicle being inspected with a
receipt describing all samples that were obtained.

(b) May enter any public or private part of the
building, factory, warehouse, facility or vehicle being inspected.

(c) Must inform the owner, operator or authorized
agent of the building, factory, warehouse, facility or vehicle being inspected
when the inspection is completed.

4. Every sample obtained by a
representative pursuant to subsection 3 must be tested in accordance with
methods published by AOAC International, or its successor organization, or any
other generally recognized method.

5. If the owner, operator or authorized
agent refuses to allow an inspector of the Department to inspect the building,
factory, warehouse, facility or vehicle, as applicable, the Department may
obtain a search warrant from any court of competent jurisdiction to enter the
premises and conduct the inspection.

2. For the purposes of subsection 1,
commercial feed is adulterated if:

(a) It contains a poisonous or deleterious
substance which may cause it to be injurious to the health of an animal;

(b) It contains a poisonous, deleterious or
nonnutritive substance which is unsafe pursuant to section 406 of the Federal
Food, Drug, and Cosmetic Act, 21 U.S.C. § 346;

(c) It contains a food additive which is unsafe
pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.
§ 348;

(d) It is a raw agricultural commodity that
contains a pesticide which is unsafe pursuant to section 408 of the Federal
Food, Drug, and Cosmetic Act, 21 U.S.C. § 346a, unless:

(1) The raw agricultural commodity has
been processed using a method such as canning, cooking, freezing, dehydrating
or milling;

(2) The residue of the pesticide has been
removed to the extent possible through such a method;

(3) The concentration of the pesticide in
the commercial feed is not greater than the tolerance prescribed for the raw
agricultural commodity; and

(4) Feeding the commercial feed to an
animal is not likely to result in a pesticide residue in any edible product of
the animal which is unsafe within the meaning of section 408 of the Federal
Food, Drug, and Cosmetic Act, 21 U.S.C. § 346a;

(e) It contains any color additive which is
unsafe pursuant to section 721 of the Federal Food, Drug, and Cosmetic Act, 21
U.S.C. § 379e;

(f) It contains an animal drug which is unsafe
pursuant to section 512 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.
§ 360b;

(g) It contains any filthy, putrid or decomposed
substance or is for any other reason unfit to be used as commercial feed;

(h) It has been prepared, packaged or held under
unsanitary conditions whereby it may have become contaminated with filth or may
have been rendered injurious to the health of an animal;

(i) It contains the product of a diseased animal
or an animal which has died in a manner which is unsafe within the meaning of
section 402 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 342;

(j) The container of the commercial feed is
composed, in whole or in part, of any poisonous or deleterious substance which
may render the commercial feed injurious to the health of an animal;

(k) It has been intentionally subjected to
radiation, unless the use of the radiation was in conformity with a regulation
or exemption in effect pursuant to section 409 of the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. § 348;

(l) Any valuable component of the commercial feed
has been, in whole or in part, omitted or abstracted;

(m) The composition or quality of the commercial
feed is below or differs from that which is listed on the label;

(n) It contains a drug and the methods,
facilities or controls used to manufacture, process or package the commercial
feed do not conform to current practices of good manufacturing, unless the
Department determines that such a practice is not appropriate for use in this
State; or

(o) It contains viable weed seeds in an amount
which exceeds the limits established by the Department. As used in this
paragraph, “weed seeds” has the meaning ascribed to it in NRS 587.073.

NRS 587.891Reuse of packaging without proper cleaning unlawful.It is unlawful for a person to reuse any
packaging, including, without limitation, a bag or tote for commercial feed,
unless the packaging is cleaned pursuant to the methods prescribed by the
Department.

1. If the Director or a representative of
the Department has reasonable cause to believe that any commercial feed does
not comply with the provisions of NRS 587.841 to 587.899, inclusive, the Director or a representative
of the Department may issue an order that:

(a) Prohibits the licensee from disposing of the
lot of commercial feed until written permission is provided by the Director;
and

(b) Requires the licensee to allow the Director
or a representative of the Department to inspect the commercial feed.

2. If the Director or representative of the
Department determines that the commercial feed:

(a) Complies with the provisions of NRS 587.841 to 587.899,
inclusive, the Director or representative of the Department must immediately
rescind the order issued pursuant to paragraph (a) of subsection 1.

(b) Does not comply with the provisions of NRS 587.841 to 587.899,
inclusive, the Director or representative of the Department must provide to the
licensee an explanation of how the commercial feed does not comply with the
provisions of NRS 587.841 to 587.899,
inclusive. If the licensee does not demonstrate compliance with the provisions
of NRS 587.841 to 587.899,
inclusive, within 30 days after receipt of the explanation, the Director must
begin proceedings to condemn the lot of commercial feed pursuant to the
requirements established by the Department.

1. Except as otherwise provided in this
subsection, information concerning the sale of commercial feed and any data
related to the production and use of commercial feed in this State. The
Department shall not publish any information that discloses confidential or
proprietary information regarding the operations of any manufacturer,
distributor, guarantor or other person.

2. A report of the results of tests
performed on samples of commercial feed obtained pursuant to NRS 587.881.

1. The Director may, after notice and an
opportunity for a hearing, impose a civil penalty of not more than $500 for
each violation of this chapter other than a violation of NRS
587.841 to 587.899, inclusive.

2. Any money collected from the imposition
of a civil penalty pursuant to subsection 1 must be accounted for separately
and:

(a) Fifty percent of the money must be used to
fund a program selected by the Director that provides loans to persons who are
engaged in agriculture and who are 21 years of age or younger; and

(b) The remaining 50 percent of the money must be
deposited in the Account for the Control of Weeds established by NRS 555.035.